Before you begin this process, you must determine the value of the vehicle or property that has been seized. The value of the property or vehicle will determine where you file your claim either concilaition court or district court and how much you will pay for the
filing fee. If the vehicle or property is worth $15,000.00 or less you will file your claim in Conciliation Court. If the vehicle or property is worth more than $15,000.00, you will file your claim in District Court. Forms and instructions for both courts are available below.
Instructions for Conciliation Court Judicial Review of Motor Vehicle Forfeiture for Alcohol Related Offenses - Vehicle/Property $15,000 or less
Citation: Minn. Stat. §169A.63, subd. 8 and 9
Use this form if:
- You have received a Notice of Seizure and Intent to Forfeit.
- You want your vehicle or property returned.
- Your vehicle or property is worth $15,000 or less.
Within 30 days after you are served with the Notice of Seizure and Intent to Forfeit:
- You must file the claim form for Judicial Determination in the county where the seizure took place. For seizures occurring in Ramsey County, claim forms are available at the Conciliation Court Office located in room 650, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102.
- The Conciliation Court claim form must be filed in the county where the seizure took place. The location of the seizure will be listed on the Notice of Seizure and Intent to Forfeit that was served upon you by the prosecuting authority or the law enforcement agency of the city or municipality where the seizure took place. Bring your copy of the Notice of Seizure and Intent to Forfeit with you to the Conciliation Court Office. You will need to attach this Notice or a copy of it to your claim form.
- When you have completed the demand claim form, you must file it with Conciliation Court. You will be required to pay the current filing fee of $75.00 unless: the vehicle is worth less than $500.00 or you qualify for a waiver of the fee due to financial circumstances. If you wish to apply for a waiver of the fee, you must bring proof of your income to conciliation court when you file your demand claim form.
Filling Out the Demand Claim Form for a Judicial Review
- The person filing the demand is the plaintiff/claimant (your name). The defendant is a description of the seized vehicle/property. Example: John Smith vs. 1992 Cherokee or John Smith vs. Misc. tools/red tool box
You must list this information in the body of the claim form:
- the make
- model
- license plate number
- VIN number
- Other types of property must be fully described
- The demand must specifically state the grounds on which the plaintiff alleges the vehicle was improperly seized and the plaintiff’s interest in the seized vehicle.
The Conciliation Court staff will notify you of the hearing date, time and place.
Serving the Deman Claim Form
You must give the prosecuting authority and the law enforcement agency who seized the vehicle notice that you are going to court and you must give them notice within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit.
If the property value is less than $2,500.00, the Conciliation Court Office will serve the demand claim form by first class mail on the prosecuting authority and the law enforcement agency of the city or municipality where the seizure took place.
If the property is valued between $2,501.00 and $7,500.00, the demand claim form must be served on the prosecuting authority and the law enforcement agency of the city or municipality where the seizure took place, either by certified mail (as per MN Stat, 491A.01 subd. 3 (4)(b)) or personal service. The place where the seizure took place will be listed on the Notice of Seizure and Intent to Forfeit. Personal service must be made by a disinterested third party who has no interest in the case or its’ outcome and is at least 18 years of age. The plaintiff cannot do personal service.
A list of prosecutors and law enforcement agencies is available from the Conciliation Court Office.
If you have been charged with a felony DWI, you must serve the County Attorney located at the Ramsey County Attorney’s Office, Civil Forfeiture Unit, Room 315, Ramsey County Government Center West, 50 West Kellogg Blvd., Saint Paul, Minnesota 55102. You must also serve the law enforcement agency that is listed on the Notice of Seizure and Intent to Forfeit.
The person who gives the prosecuting authority and the law enforcement agency a copy of the demand claim form must fill out a form called an Affidavit of Service and file it with the Conciliation Court Office. This must be done within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit. The Affidavit of Service form is available from conciliation court.
If the plaintiff/claimant prevails, the filing fee must be reimbursed to the person who filed the demand. Reimbursement shall be paid from other forfeiture proceeds of the law enforcement agency or prosecuting authority pursuant to Minn. Stat. §169A.63, subd. 9(h).
This procedure is governed by the Rules of Minnesota Civil Procedure and Minn. Stat. §169A.63, subd. 8. Court personnel cannot give legal advice. The facts of each case are unique and you may need legal assistance.
Forfeiture and Impoundment Forms »
Instructions for Judicial Review of Motor Vehicle Forfeiture Alcohol Related Offenses
when Vehicle/Property are worth more than $15,000
Use this form if:
- You have been served with a Notice of Seizure and Intent to Forfeit.
- You want your vehicle or property returned.
- The vehicle/property is worth more than $15,000
Within 30 days after you are served with the Notice of Seizure and Intent to Forfeit:
You must file the
Demand for a Judicial Determination form in the district court of the county where the seizure took place. For seizures that took place in Ramsey County, Demand forms are available from the Civil Division room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102.
You must have the Demand form served on the prosecuting authority of the location where the seizure took place and the agency that initiated the seizure (usually law enforcement) within 30 days after you are served with the Notice of Seizure and Intent to Forfeit.
Filling Out the Demand Claim Form - Bring your copy of the Notice of Seizure and Intent to Forfeit
1. The person filing the demand is the plaintiff/claimant (your name).
2. The defendant is a description of the seized vehicle. (Example: John Smith vs. 1992 Cherokee)
You must list this information in the body of the claim form:
- the make (Ford, Chevrolet, etc.),
- model (F10 pickup, Malibu, Corsica, etc.),
- license plate number,
- VIN number.
- The demand must specifically state the grounds on which the plaintiff alleges the vehicle was improperly seized and the plaintiff’s interest in the seized vehicle.
3. The original Demand form must be filed with the district court administrator in the county where the seizure took place within 30 days after you received the Notice of Seizure and Intent to Forfeit. The date that the Notice was served upon you can be found at the bottom of the copy of the Notice that you received.
4. You will be notified of the date, time and place of the hearing by the District Court.
Serving the Demand Form
The prosecuting authority of the location where the seizure took place and the appropriate agency that initiated the seizure (usually law enforcement) must receive notice of the hearing within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit. You must have a copy of the Demand form given to both the prosecuting authority of the location where the seizure took place and the appropriate agency that initiated the seizure (usually law enforcement).
- The Notice of Seizure and Intent to Forfeit you will tell you the location where the seizure took place. You must serve the prosecuting authority of that location. A list of city prosecutors is available from the Civil Division, Room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102. You will also find the name of the agency that initiated the seizure on the Notice of Seizure and Intent to Forfeit. A list of law enforcement agencies is also available from the Civil Division.
- The plaintiff cannot serve the prosecuting authority or the agency that initiated the seizure. The Demand form must be served by a disinterested third party,that is someone who has no interest in the case or its’ outcome and is over the age of18. He/she must personally give or serve the prosecuting authority and the agency that initiated the seizure a copy of the Demand form.
- The person who gives the prosecuting authority and the agency that initiated the seizure a copy of the Demand form must fill out a form called an Affidavit of Service and file it with the court administrator. This must also be done within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit. The Affidavit of Service form is available from the Civil Division, Room 600.
- When you file the Demand form, you must pay the current civil filing fee unless you qualify to have the fee waived. In Forma Pauperis (Fee Waiver) Forms are available at the Civil Division, room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102. You must bring proof of your income with you when you apply for a waiver.
If you have been charged with a felony DWI, you must serve the County Attorney located at the Ramsey County Attorney’s Office, Civil Forfeiture Unit, Room 315, Ramsey County Government Center West, 50 West Kellogg Blvd., Saint Paul, Minnesota 55102. You must also serve the law enforcement agency that is listed on the Notice of Seizure and Intent to Forfeit.
The person who gives the prosecuting authority and the law enforcement agency a copy of the demand claim form must fill out a form called an Affidavit of Service and file it with the Conciliation Court Office. This must be done within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit. The Affidavit of Service form is available from Room 600, District Court Civil Division.
If the plaintiff/claimant prevails, the filing fee must be reimbursed to the person who filed the demand. Reimbursement shall be paid from other forfeiture proceeds of the law enforcement agency or prosecuting authority pursuant to
Minn. Stat. §169A.63, subd. 9(h).
This procedure is governed by the
Rules of Minnesota Civil Procedure and
Minn. Stat. §169A.63, subd. 8. Court personnel cannot give legal advice. The facts of each case are unique and you may need legal assistance.
Forfeiture and Impoundment Forms »